Terms and Conditions of Usage
The UKBLACKOUT.COM and related Internet media properties ("Sites") is an on- line information and resource service provided by UKBLACKOUT.COM, subject to your compliance with the terms and conditions set forth below. It is a non-profit organization dedicated to providing a resource service for black gay, lesbian, bisexual and transgender people in the United Kingdom.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. UKBLACKOUT.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND THE MODIFIED AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licences and Idea Submissions.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You grant to UKBLACKOUT.COM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against UKBLACKOUT.COM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to UKBLACKOUT.COM. If you believe that content appearing on the Site constitutes copyright infringement of another party's right, it is not intentional, please inform us immediately.
2. Use of the Site.
You understand that except for information, products or services clearly identified as being supplied by UKBLACKOUT.COM, UKBLACKOUT.COM does not operate, control or endorse any information, products or services on the Internet in any way. Except for UKBLACKOUT.COM identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with UKBLACKOUT.COM. You also understand that UKBLACKOUT.COM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software, or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, bigoted, hatred, illegal, libelous, or otherwise objectionable that may invade another's right or privacy;
b) Impersonate any person or entity, including but not limited to an UKBLACKOUT.COM forum leader, guide, or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Discriminate in any form against, sexual orientations, age, race, religious, gender, ethnicity, and viewpoints;
d) Post or transmit any Material that contains a virus or corrupted data;
e) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users, (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "bots", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or any non-resume, information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the Site by using framing or similar navigational technology.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. UKBLACKOUT.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND UKBLACKOUT.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIAL, SOME OF WHICH ARE SEXUALLY EXPLICIT, RACIST, OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. UKBLACKOUT.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIAL.
LIMITATION OF LIABILITY
UKBLACKOUT.COM will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. UKBLACKOUT.COM will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence or UKBLACKOUT.COM or an authorized UKBLACKOUT.COM representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. UKBLACKOUT.COM total liability to you for all losses, damages, and causes of action (in contract, tort) (including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this site.
3. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
4. Indemnification.
You agree to indemnify, defend and hold harmless UKBLACKOUT.COM, it's officers volunteers, agents, licensors, suppliers and third party information providers to the Site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
5. Third Party Rights.
The provisions of paragraphs 2 (Use Of The Site), and 4 (indemnification) are for the benefit of UKBLACKOUT.COM, it's officers, volunteers, agents, licensors, and suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on it's own behalf.
6. Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use Of The Site), 4 (Indemnification), 5 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
7. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside.
8. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that UKBLACKOUT.COM shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
9. Links
The Site may provide, or third parties may provide, links to non UKBLACKOUT.COM Internet World Wide Web sites or resources. Because UKBLACKOUT.COM has no control over such sites and resources, you acknowledge and agree that UKBLACKOUT.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UKBLACKOUT.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Miscellaneous
This agreement shall be governed and construed in accordance with the laws of the County of County applicable to agreements made and to be performed in London, England. You agree that any legal action or proceeding between UKBLACKOUT.COM an you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a British court of competent jurisdiction sitting in the County of London, England.
Any action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. UKBLACKOUT.COM failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor the trade practice shall act to modify any provision of this Agreement. UKBLACKOUT.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.







